Environmental bills
on hold Legislators have only until
Thursday to act on bills to regulate wetlands, chicken
farms By SAMMY
FRETWELL Staff
Writer
A handful of major environmental bills remain in limbo as the
S.C. General Assembly goes into its final week of the year.
The fate of bills that would loosen wetlands protections, relax
rules on factory chicken farms and ease water pollution test
requirements for industry will be decided by the end of the
legislative session Thursday.
Legislators also must determine the outcome of a bill championed
by Attorney General Henry McMaster that would make it easier to
prosecute criminal polluters. McMaster spokesman Trey Walker said
Friday a deal is in the works to get the bill approved.
Environmentalists say business groups have been particularly
forceful this spring in their push to pass laws favorable to
industry and to stop the polluter prosecution bill.
Most of the bills at issue were introduced last year, and any
that don’t pass by Thursday must be reintroduced next year to begin
the long legislative process again. Some have been before the
legislature in different versions for years.
“It’s been a bloody year for us environmentalists,” the Sierra
Club’s Bob Guild said.
Business organizations and some lawmakers say they’re looking for
reasonable regulations that don’t unduly burden people.
State Rep. W.D. “Billy” Witherspoon, who represents part of the
booming Myrtle Beach area, has been at the forefront of many
battles, particularly on wetlands.
One bill would begin a permitting program for isolated wetlands,
which are soggy depressions such as Carolina Bays not directly
linked to rivers or streams.
“This is needed by development and real estate people,” said
Witherspoon, R-Horry. “A lot of it is property rights. Nobody in the
development community would disagree with this bill.”
Isolated wetlands cleanse polluted stormwater, control flooding
and harbor an array of wildlife, such as salamanders, birds and
frogs. The state has more than 300,000 acres of isolated bogs,
mostly on the coast. Wetlands often spark disputes between
developers and environmentalists because the watery depressions can
get in the way of construction projects.
A 2001 U.S. Supreme Court ruling made it more difficult for the
federal government to regulate wetlands. So the state has been
trying to enact rules to restore some of the protections.
But the proposed regulations have sparked heated disputes, with
some environmental groups charging that the bill will make it even
harder to protect the bogs.
Backed by real-estate developers and home builders, the bill
focuses on regulating only large isolated wetlands. Smaller ones
could be filled without state permission. The original version of
the bill said only isolated wetlands larger than 5 acres needed
permits.
The bill also exempts the S.C. Department of Transportation,
which often fills vast wetland acreage while building roads.
One version of the bill says the state must issue an isolated
wetlands permit if property would have no economic value without the
permit.
The measure is expected to come up for a vote in the House on
Tuesday.
Opponents of the legislation include the S.C. Coastal
Conservation League, the S.C. Wildlife Federation, the Sierra Club
and the S.C. Department of Health and Environmental Control, the
state’s chief wetlands regulatory agency.
Wetlands, however, aren’t the only unresolved issue:
• Supporters of the poultry
industry are pushing an amendment that would free large animal farms
from environmental regulations by local governments. The amendment
is attached to a bill that received some debate in the Senate two
weeks ago, and should come up Tuesday.
Poultry interests have been trying since 1995 to get the bill
passed, but legislators have been reluctant to do so because it
could mean fewer restrictions on polluting, factory-style hog farms.
The proposal does not restrict counties from regulating hog
farms.
• A bill to drop certain water
pollution tests for the state’s major industries and sewer systems
appears on track to pass the Legislature. That bill, backed by the
S.C. Manufacturers Alliance, would eliminate a test that relies on
flea-reproduction rates to determine if a company’s wastewater is
too toxic to pump into a river.The U.S. Environmental Protection
Agency says the test is a proven method for looking for pollution.
The agency has threatened to begin denying pollution discharge
permits for industry if the Legislature passes the bill.
• A bill to extend state grand
jury authority to cover environmental crimes might go down to the
wire. A deal in the works gives the bill a “glimmer of hope,” Walker
said. Opponents of the bill were negotiating to drop their
objections in exchange for Senate passage of a tort reform bill, he
said.
While the federal government has made some high-profile criminal
cases against polluters, McMaster said the state could do more with
grand jury powers. The statewide grand jury would be able to
subpoena records and force testimony.
McMaster and state Sen. Jake Knotts, R-Lexington, say the S.C.
Chamber of Commerce’s opposition to the bill would allow companies
that willfully pollute the environment to escape prosecution. The
chamber has expressed concern that it would allow overzealous
prosecution of law-abiding companies.
Reach Fretwell at (803) 771-8537 or sfretwell@thestate.com. |